kaal:position:2026-07-31-7205
AI risk management – A law and economics perspective presents the following source proposition: Article 9 of the EU AI Act exemplifies this challenge, as it relies on indeterminate terms, such as “reasonably foreseeable risks” and “acceptability of risk”, to define the scope of the provision. This proposition is pertinent to Kaal's source-bound claim that German commentators, whose expertise German courts rely on heavily, concluded after the financial crisis that managers do not act reasonably under the German business judgment rule if the risks they take on behalf of the corporation result in the demise of the corporation. The proposed response is a qualification: the relationship should remain limited to the retrieved source proposition and the mapped Kaal claim unless fuller source review supports a broader conclusion.
systemic-riskrisk-and-incentivescorporate-governancelaw-and-legal-systemshistorical-responsescholarly-literaturecrossref